Friends of Animals v. Phifer

The federal district court for the District of Maine upheld an incidental take permit granted by the U.S. Fish and Wildlife Service (FWS) to the Maine Department of Inland Fisheries and Wildlife to exempt Maine from liability for incidental takes of Canada lynx resulting from state-regulated trapping programs. The court found that FWS’s actions “were in keeping with” requirements of the Endangered Species Act and the National Environmental Policy Act (NEPA). The court rejected an argument that FWS should have prepared an environmental impact statement because the environmental assessment (EA) for the incidental take permit concluded that there would be significant cumulative effects, including from climate change. The court said this characterization of the EA’s conclusion was not correct.